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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Annoyed that my landlord wants to sell at Christmas

103 replies

VitriolicMuse · 12/09/2017 13:01

We got served our section 21 eviction notice last week (totally out of the blue, we were settled and happy) and the house is going on the market in December (who does that?!). They've kindly said we can stay in the house until it sells, but AIBU to be really annoyed they can't hang on until after Christmas and allow us to enjoy the time in peace with our young family ( 7 and 18 months) now we'll probably have to put up with strangers wandering around opening cupboards etc with presents in. I don't even feel like decorating to be honest. I know they want to sell and we're just renting but I just feel like they should have been a bit more compassionate.

OP posts:
TerribleTrent · 12/09/2017 13:03

Don't allow viewings. You don't have to.

5rivers7hills · 12/09/2017 13:05

Don't allow viewings. You don't have to.

But then she will have to move out, and sounds like she wants to stay as long as possible.

countycouncil · 12/09/2017 13:05

Can you move out ASAP and be settled somewhere else or do you have to stay till Xmas?

ThymeLordIsSpartacus · 12/09/2017 13:08

That is a shame OP. I can understand you being annoyed.

Are you in a position to move out quite quickly so you can get settled with plenty of time for Christmas?

carjacker1985 · 12/09/2017 13:08

You don't have to allow viewings, also a landlord can't evict you- only a court can do that. All a landlord can do is notify you of when they'd like you gone, most people go but you don't have to if you don't want to.

They're entitled to sell their property when they like, just as you're entitled to a nice Christmas at home. It's up to you how easy or difficult you want to make it for them, but as the tenant you hold most of the cards so I wouldn't panic.

PutTheBunnyBackInTheBox · 12/09/2017 13:10

This happened to me years ago, LL gave me 4 weeks notice which ended on Christmas Eve! I had only just separated from ExH so was a SP and not working. I phoned the HE to ask about a house and was told I would have to come in to the offices on the day I had to leave, with the DC and belongings and they would see if they could get me into a hostel as it couldn't be booked in advance - on Christmas Eve! Luckily I was able to move in with DM until I got sorted.

It's a crap time of the year but is it a busy time for house buying at Christmas, maybe you won't get many viewings? Can you limit any viewings?

I'd definitely decorate though, for your DC.

WombattingFree · 12/09/2017 13:11

You don't have to allow viewings whenever, but you do have to allow reasonable access. Be strict - no evening times if you're getting kiddies to bed, give them a time slot each weekend when you will be out of the house and make sure the times are convenient for you. But if you push too far the landlord will ask you to leave when your notice period is over and that could put you in a bad spot.

In all honesty, it's annoying I know it is but my gut feel is YABU (I mean that gently)... you don't know why they need to sell and they seem to have thought of you by saying you can stay.

Whisky2014 · 12/09/2017 13:16

You don't have to allow viewings, also a landlord can't evict you- only a court can do that. All a landlord can do is notify you of when they'd like you gone, most people go but you don't have to if you don't want to.

Surely It depends on the contract. If its just a rolling monthly contract the landlord only had to give 1 month notice and the op has to go. If she doesn't go that's when the landlord can take her to court and she would be evicted.
Carjacker do you think it's ok to just ignore contracts? Wasting everyone's time and money fannying around going to court? If the op signed a contract and the landlord is fullfilling their side then so should the OP.

OP, yes it's a shame really timing but they can sell their property whenever they like!

Original poster
VitriolicMuse · 12/09/2017 13:20

Thanks all. We're private renters so I think we're on our own in terms of finding another home. The area is full of people looking for good quality rental properties so as soon as they come up they go. Theres a few properties but they have been on the market for ages because they are so bad are geared towards people who don't really have a choice. I've always owned but after splitting up with my ex I had to go into renting and now we're stuck while we save a deposit. I know why they are selling, she wants a new kitchen in her house and their money it tied up in this one and they just bought another house. I hadn't really thought about controlling when the viewings were so thanks for that tip!

OP posts:
MirandaWest · 12/09/2017 13:20

Landlords have to give two months notice; tenants can give one months notice.

I imagine they are saying you can stay until it sells so that they have as little as time as possible without either income from renting or having sold the property.

Original poster
VitriolicMuse · 12/09/2017 13:23

We've been given 2 months notice. I guess my worry is that ends in November and after that we are just there without any legal right. So we could technically get thrown out in December

OP posts:
Original poster
VitriolicMuse · 12/09/2017 13:24

Yes obviously they don't want to pay the mortgage themselves so it suits them to have us there

OP posts:
Orangebird69 · 12/09/2017 13:26

Ex landlord here - you do not have to allow ANY viewings at all. And pp is incorrect, landlords have to give 2 months notice by law. Tenants only have to give 1 month (assuming initial term of lease has expired and contract is rolling).

carjacker1985 · 12/09/2017 13:27

I didn't say they should ignore it, I just said that legally they could, if they wanted to.

I was a landlord for many years and the majority of the time I would have to take my tenants to court to get them out.

kittydetective · 12/09/2017 13:28

Don't allow viewings. You don't have to.

Why would you do that? If a tenant of mine did that I wouldn't provide a reference ... oh yes I would a negative one!

EamonnWright · 12/09/2017 13:29

Happened to me a few years ago. Letter put under the door. 28 days notice or whatever it was. The landlord only rented because the market wasn't great when they were built and sold up to a Housing Association.

I'm a single parent with 2 kids but because I wasn't on the list I couldn't be considered.

A young couple with no kids and no jobs got themselves a brand spanking new apartment and we spent Christmas in my Mas.

The system is shite sometimes. Just keep your chin up and start trying to sort it asap.

Travis1 · 12/09/2017 13:31

What they are proposing sounds shaky in legal terms re serving 2 months notice but then letting you stay on until they have a buyer. I'd contact shelter re that. TBH I'd work on being out by the end of the 2 months and into somewhere new for your own sake then let them worry about paying the mortgage with no tenant because it could sell in a month or it could take a year but I wouldn't want to live in that limbo!

Hugomcwooferton · 12/09/2017 13:32

You can't get thrown out in December.

My husband is a housing solicitor and specialises in this. Basically a section 21 is a 'notice to quit' and if you don't move out at the end of the 2 months he'll have to go to court to get you out of the property which can take months, if he changes the locks on you in November then that's an illegal eviction and you can get compensation for it.

If you want help from the council to get a new property they will tell you you HAVE to remain in the property until court bailiffs come to remove you because otherwise you'll be found 'intentionally homeless'. It sounds scary but book an appointment with a solicitor and see if you've got a case.

If your landlord didn't protect your deposit properly/ I.e didn't give you all the information about deposits including an a4 poster on deposits then it wasn't protected, the section 21 notice isn't valid and you have a claim for 3x your deposit.

Hope that helps a bit.

You also don't have to let anyone in to view the property because you have a right to quiet enjoyment, they have to give you 24 hours notice but you don't have to agree- 'No that's doesn't work for me'

sooperdooper · 12/09/2017 13:32

Why don't you start looking for a new property now? You could be moved well before they put the house on the market and you're on control of things that way

All these suggestions of being obstructive & not allowing viewings will just cause everyone stress and annoyance, they're allowed to sell the house whenever they want

FlyingGiraffeBox · 12/09/2017 13:34

Yanbu to be annoyed. Whilst it's LL legal right and all that it's still a bit Scroogy to evict someone at Christmas. Moving costs money so to do that to someone with kids at an already expensive time of year is a dick move.

Move now, if you're able, and get yourself settled. You may be able to wait for all the taking to court and so forth but do you want the stress?

I've moved at Christmas before and it's a bloody nightmare (also there doesn't tend to be much about, owing to no one else wanting the hassle of moving over Christmas either!).

SusanTheGentle · 12/09/2017 13:34

This happened to us once, really shitty of them to do that just before Christmas. I know it's their right, etc., but it's still a nasty thing to do.

Many landlords think of it all as being a business issue between them and the tenants, and on one level it is - but on another it's the tenant's home, and they can choose to remember that and show some compassion (and I'm sure plenty do, too).

Anyway, it happened to us and it worked out, we found a lovely new flat and were very happy there - I'm sorry, this is crappy timing but you'll find something else nice I'm sure.

EamonnWright · 12/09/2017 13:35

It's all well and good being awkward and not allowing viewings etc but imo you're better off just accepting you've been dealt a shitty hand and dealing with it instead of dragging the inevitable out.

Nomoresunshine · 12/09/2017 13:36

Ime getting a fantastic reference from a ll when private renting is crucial. .
Start looking now so you can be settled for Xmas. .
And don't forget to sort out the deposit back ASAP.

shirtyQwerty · 12/09/2017 13:37

I can't believe the advice on here.

LAndlords are persecuted for being arseholes when you are basically being told to stay put until the bailiffs arrive.

If anyone has a shred of decency, they leave when the contract they signed says they should.

YABU and if you go out of your way to make life difficult, I would have no sympathy if you struggle to find somewhere to live in the future. Karma's a bitch.

FizzyGreenWater · 12/09/2017 13:37

Hmmmm

Well, they have served you notice, so it's not in your interest really to allow any viewings - why would you? You absolutely don't have to.

As for them being happy to let you stay on after the notice period until the house sells - hahaha I bet they are! Of course they would love to be able to still have the rent coming in right up to the moment the house sells instead of having the expense of it sitting empty, with you then left finding somewhere with no notice. Lovely for them. Not actually convenient for you at all.

I'd let them know that you have received the notification to quit, after that you'll no longer be paying monthly or whatever - you'll pay by hte week, and leave as soon as you find somewhere. Hopefully that will be able to be at hte end of the notice period.

They would have real trouble getting you out at short notice mind if they'd served the eviction date then let you stay on for a significant time further. Not that you want that hassle.

Find somewhere else asap I'd say!